Oral Answers to Questions

Debate between Sam Gyimah and Angela Smith

Tuesday 1st May 2018 Commons Chamber

[Mr Gyimah]

The hon. Gentleman makes a very important point, and one that we will follow up with detailed statistics.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

12. What assessment his Department has made of the value of the industrial opportunity presented by the Swansea bay tidal lagoon.

Animal Cruelty: Sentencing

Debate between Sam Gyimah and Angela Smith

Tuesday 8th November 2016 Westminster Hall

[Mr Gyimah]

Not at all. On the contrary, what I was saying is that any change in sentencing in one part of the law has to be made consistent across the entire criminal justice system. If there were a sentence of five years, we would need to look at other offences of a similar nature that have a five-year sentence to make sure that there is consistency. My point is about consistency in criminal law rather than about distinguishing between one form of cruelty and another.

The Government recognise that maximum penalties should be set to allow the courts to respond appropriately to the full range of cases that they are likely to face—my hon. Friend the Member for Tiverton and Honiton made that point. It is worth looking at some data. In 2015, 614 people were sentenced for the offence of causing, permitting or failing to prevent unnecessary suffering to an animal. The average custodial sentence was nearly three and a half months. If judges are not going up to the maximum six months, there is a question whether the issue is with the maximum sentence length or the courts are finding the current sentencing powers inadequate or restrictive in dealing with those cases. We have to look at that.

The maximum penalty for animal cruelty offences is under review. I assure the hon. Member for Redcar that we are also looking at that very closely in the context of broader criminal law. We do not want to create anomalies with other criminal offences. It is worth bearing in mind that the offence of common assault also has a maximum penalty of six months. In other words, if we were going to make a change here, we would have to look at the area of common assault as well.

It would be contrary to our system of justice simply to impose the maximum penalty, regardless of the circumstances, for any offence. Making all sentences the same would remove the courts’ ability to single out and highlight the more serious cases with more serious sentences. In short, prescribing sentences in that way could lead to injustices that we would want to avoid.

The sentencing guidelines for animal cruelty offences are issued by the independent Sentencing Council, as the House is aware. The council has recently consulted on revised guidelines for sentencing in the magistrates courts, which includes animal cruelty offences. The revised guidelines are designed to highlight the aggravating factors that are particular to those offences. That will assist magistrates in identifying the most serious cases that will in turn deserve longer sentences. Throughout the development of the guidelines, the council worked closely with the RSPCA and is now reviewing consultation responses and developing definitive new guidelines, which it intends to implement in May next year.

A point was made about a register for animal abusers, to prevent them from obtaining animals in the first place. DEFRA has no plans to introduce an animal abusers register. I do not consider it appropriate or necessarily proportionate, because we would then expect pet vendors and animal rehoming centres to check the details of all prospective animal owners. That would be quite an onerous approach.

[Angela Smith]

I think that issue is worthy of further investigation. The Minister may find that animal welfare charities and rehoming centres would welcome such an initiative and would not find it an unnecessary burden.

[Mr Gyimah]

I thank the hon. Lady for that point. I have tried to stress that the Government are in listening mode on a number of proposals, but that is why there is not a register—we see that it is actually quite difficult in practice to check everyone who wants to rehome an animal. The point that was made about going on Gumtree and buying a pet is relevant here, and we will look at that as well.